Indiana Register
TITLE 326 AIR POLLUTION CONTROL BOARD

Proposed Rule LSA Document #07-353

DIGEST

Amends 326 lAC 8-1-3, 326 lAC 8-4-1, and 326 lAC 8-4-6 concerning stage I vapor recovery measures for gasoline dispensing facilities in Indiana. Effective 30 days afterfiling with the Publisher.

HISTORY First Notice of Comment Period: June 27,2007, Indiana Register (DIN: 20070627-IR-326070353FNA). Continuation of First Notice of Comment Period: September 10, 2008, Indiana Register (DIN: 20080910-IR-326070353FCA). Second Notice of Comment Period: June 3, 2009, Indiana Register (DIN: 20090603-IR-326070353SNA). Notice of First Hearing: June 3, 2009, Indiana Register (DIN: 20090603-IR-326070353PHA). Date of First Hearing: September2,2009.

PUBLIC'COMMENTS UNDER IC 13-14-9-4.5 IC 13-14-9-4.5 states that a board may not adopt a rule under IC 13-14-9 that is sUbstantively differentfrom the draft rule published under IC 13-14-9-4 until the board has conducted a third comment period that is at least 21 days long. Because this proposed rule is not substantively different from the draft rule published on June 3, 2009, at DIN: 20090603-IR-326070353SNA, the Indiana Department of Environmental Management (IDEM) is not requesting additional comment on this proposed rule.

.
SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND COMMENT PERIOD IDEM requested public commentfrom June 3, 2009, through July 6, 2009, on IDEM's draft rule language. IDEM received comments from the following parties: Improving Kids' Environment (IKE) Following is a summary ofthe comments received and IDEM's responses thereto: Comment: IKE supports IDEM's proposed revisions to these rules. Stage I Vapor Control technology has been routine for many years and is a cost-effective way to reduce emissions ofvolatile organic compounds that contribute to regional ozone levels and helps prevent waste of product. Air quality in Indiana fails to meetthe health standard in areas where millions of Hoosiers live. And emissions from Indiana contribute to ozone formation downwind from our borders. It is good public policy to apply this standard statewide. (IKE) Response: The commenter is correct that stage I vapor recovery is a cost-effective wayto reduce emissions ofvolatile organic compounds (VOG) that contribute to regional ozone levels and helps prevent waste of product. IDEM agrees that there are areas within Indiana and the Midwest that do not currently meetthe new ozone standard and that emissions from Indiana contribute to ozone formation downwind from our. borders. Ozone is both a local and a regional pollutantthat forms in the presence of sunlight from VOCs and nitrogen oxides most often in the summer in a complex chemical reaction. Reducing VOC emissions reduces one ofthe precursors necessary for ozone formation. Because ozone is a regional pollutant, reducing its formation in areas that are attainment forthe ozone standard benefits both local and downwind sources not only in Indiana but also regionally. Therefore, it is good public policyto apply the standard statewide.

SUMMARY/RESPONSE TO COMMENTS RECEIVED AT THE FIRST PUBLIC HEARING On September2, 2009, the Air Pollution Control Board (board) conducted the first public hearing/board meeting concerning the development of amendments to 326 lAC 8-1-3 and 326 lAC 8-4. No comments were made at the first hearing. Small Business Assistance Information IDEM established a compliance and technical assistance (CTAP) program under IC 13-28-3. The program provides assistance to small businesses and information regarding compliance with environmental regulations. In accordance with IC 13-28-3 and IC 13-28-5. there is a small business assistance program ombudsman to provide

a point ofcontact forsmall businesses affected by environmental regulations. Information on the CTAP program, the monthly CTA!? newsletter, and other resources available can be found at: http://www.in.gov/idem/4108.htm Small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:

Alison Surface IDEM Compliance and Technical Assistance Program

- OPPTA MC 60-04 IGCS W041

Date: Apr30,2010 2:18:41PM EDT DIN: 20090923-IR-326070353PRA Page 1Indiana Register
100 North Senate Avenue Indianapolis, IN 46204-2251 (317) 232-8172 or (800) 988-7901 ctap@idem.in.gov The Small Business Assistance Program Ombudsman is: Brad Baughn IDEM Small Business Assistance Program Ombudsman MC 50-01 IGCN 1307 100 North Senate Avenue Indianapolis, IN 46204-2251 (317) 234-3386 bbaughn@idem.in.gov

326 lAC 8-1-3; 326 lAC 8-4-1; 326 lAC 8-4-6

SECTION 1. 326 lAC 8-1-3 IS AMENDED TO READ AS FOLLOWS:

326 lAC 8-1-3 Compliance schedules Authority: IC 13-14-8; IC 13-17-3 Affected: IC 13-15; IC 13-17

Sec. 3. (a) All sources located in Clark, Floyd, Lake, Marion, and Portercounties 

### wffieRthat were in operation priorto December28, 1979, and not meeting the requirements of 326 lAC 8-2-2 through 326 lAC 8-2-8 (surface coating ofautos, cans, coils, paper, metal furniture, large appliances, and magnetwire), 326 lAC 8-2-11 (fabric and vinyl coating), 326 lAC 8-3 (degreasing), 326 lAC 8-4-2 (petroleum refineries), 326 lAC 8-4-3(b) (fixed roof tanks), 326 lAC 8-4-4 (bulk gasoline terminals), 326 lAC 8-4-5 (bulk gasoline plants), 326 lAC 8-4-7 (gasoline transport), and 326 lAC 8-5-2 (asphalt paving) shall achieve compliance as expeditiously as practicable, but not laterthan indicated in the following compliance schedule:

. (1) Submittal of plans and specifications to the board by December 31, 1980.

(2) Contracts for emission control systems or process modification awarded or purchase orders issued by March 31, 1981. (3) Initiation of on-site construction or installations by June 30,1981. (4) Completion ofon-site construction or installations by September 30, 1982. (5) Demonstration offinal compliance by December31, 1982.

(b) All sources located in Clark, Floyd, Lake, Marion, and Portercounties 

### wffieRthat were in operation priorto November 1, 1980, and not meeting the requirements of 326 lAC 8-2-9 (miscellaneous metal coating), 326 lAC 8- 2-10 (flat wood coating), 326 lAC 8-4-3(c) (floating rooftanks), 326 lAC 8-4-8 (refinery leaks), 326 lAC 8-4-9 (truck leaks), 326 lAC 8-5-3 (synthesized pharmaceutical manufacturing), 326 lAC 8-5-4 (rubbertire manufacturing), and 326 lAC 8-5-5 (graphic arts) shall achieve compliance as expeditiously as practicable, but not laterthan indicated in the following compliance schedule: (1) Submittal of plans and specifications to the board by June 30, 1981. (2) Contracts for emission control system or process modification awarded or purchase orders issued by August 31, 1981. (3) Initiation of on-site construction or installations by October 31,1981. (4) Completion ofon-site construction Or installations by October 31, 1982. (5) Demonstration offinal compliance by December 31, 1982.

(c) All sources located in Elkhart and St. Joseph counties 

### wffieRthat eitherwere in operation priorto December28,1979, and are not meeting the requirements of 326 lAC 8-2-2 through 326 lAC 8-2-8 (surface coating of autos, cans, coils, paper, metal furniture, large appliances, and magnetwire), 326 lAC 8-2-11 (fabric and vinyl coating), 326 lAC 8-3 (degreasing), 326 lAC 8-4-2 (petroleum refineries), 326 lAC 8-4-3(b) (fixed roof tanks), 326 lAC 8-4-4 (bulk gasoline terminals), 326 lAC 8-4-5 (bulk gasoline plants), 326 lAC 8-4-7 (gasoline transport), and 326 lAC 8-5-2 (asphalt paving) orwere in operation priorto November 1, 1980, and are not meeting the requirements of 326 lAC 8-2-9 (miscellaneous metal coating), 326 lAC 8-2-10 (flat wood coating), 326 lAC 8-4-3(c) (floating rooftanks), 326 lAC 8-4-8 (refinery leaks), 326 lAC 8-4-9 (truck leaks), 326 lAC 8-5-3 (synthesized pharmaceutical manufacturing), 326 lAC 8-5-4 (rubbertire manufacturing), and 326 lAC 8-5-5 (graphic arts) shall achieve compliance as expeditiously as practicable, but not laterthan indicated in the following

Date: Apr30,2010 2:18:41PM EDT DIN: 20090923-IR-326070353PRA Page 2Indiana Register compliance schedule: (1) Submittal of plans and specifications to the board by June 30, 1985. (2) Contracts for emission control systems or process modification awarded or purchase orders issued by August 31, 1985. (3) Initiation ofon-site construction or installation by October31, 1985. (4) Completion ofon-site construction or installation by September 30,1986. (5) Demonstration offinal compliance by December31, 1986.

(d) In cases where an existing facility demonstrates that oomplianoe is not possible by the interim dates specified in subsection (a), an mEtension may be granted bythe commissioner. The facility shall submit a letterof intentwhich shows compliance with this rule as o>(peditiously as possible, but in no event laterthan December31, 1982, and shall include a schedule of dates for the following: (1) Submittal of plans. (2) Start construction. (3) Completion of oonstruction. (4) Aohieving compliance. (5) Submit performance results. Gnce the board has appro'red a source's compliance plan, the plan shall be incorporated into the facilities' permit and the plan shall be submitted to the U.S. EPA as a SIP re\'ision. Failure to operate within these conditions shall be considered a violation ofthis rule.

(e) In cases where an Oldsting faoility demonstrates that the emission limitation specified in this rule is not attainable considering economic and technologioal feasibility, and no offset is available to satisfy 326 lAC 2 4, the

souree may petition the board to receive an o><tension beyond the dates specified in subsections (a) through (c). The petition shall include the fellm\'ing: (1) Dates of equipment modification plans. (2) Dates of equipment installation and/or construction. (3) Yearly emission limitations demonstrating reasonable further progress. (4) Date offinal compliance, in no case laterthan December 31, 1987. Gnce the commissioner has approved a source's compliance plan, 

### it shall be incorporated into the facilities' permit and the plan .sl1all be submitted to tl1e U.s. EPA as a SIP revision. Failure to operate ",'ithin these oonditions shall be considered aviolation ofthis rule.

ff} (d) All sources located in Clark, Floyd, Lake, Marion, Hendricks, and Porter counties with a monthly throughput oftwenty thousand (20,000) gallons per month or greaterand not meeting the requirements of326 lAC 8-4-6 (gasoline dispensing facilities) shall achieve compliance as expeditiously as practical, but not laterthan in the compliance schedule listing in subsection (a) forthose SOurces in operation priorto January 1, 1980.

tit) (e) All sources located in Elkhart and St. Joseph counties with a monthly throughput oftwenty thousand (20,000) gallons per month or greater and not meeting the requirements of326 lAC 8-4-6 (gasoline dispensing facilities) shall achieve compliance as expeditiously as practicable but not laterthan in the compliance schedule listed in subsection (c).



## tR1 (f) All sources located in Clark, Elkhart, Floyd, Hendricks, Lake, Marion, Porter, and St. Joseph counties 

### wfli.eI:tthat were in operation priorto January 1, 1980, and have a monthly throughput between ten thousand (10,000) and twentythousand (20,000) gallons per month and not meeting the requirements of326 lAC 8-4-6 (gasoline dispensing facilities) shall achieve compliance as expeditiously as practicable but not laterthan indicated in the follOWing compliance schedufe: (1) Submittal of plans and specifications to the board byJune 30, 1986. (2) Contracts for emission control system or process modification awarded or purchase orders issued by August 31,1986. (3) Initiation of on-site construction or installation by October 31,1986. (4) Completion ofon-site construction or installation by September 30, 1987. (5) Demonstration offinal compliance by December31, 1987.



## t+1 (9) All sources subject to the requirements of326 lAC 8-4 located in Boone, Dearborn, Hamilton, Hancock, Harrison, Johnson, Morgan, and Shelby counties 

### wRieI1 that were in existence priorto July 1, 1989, shall achieve compliance not laterthan July 1, 1990.

Date:Apr 30,2010 2:18:41PM EDT DIN: 20090923-IR-326070353PRA Page 3Indiana Register

(h) All sources statewide with a monthly gasoline throughput often thousand (10,000) gallons per month or greaterthat have not metthe compliance schedules in subsection (d), (e), 

### (f), or (g) shall comply with 326 lAC 8-4-6 not laterthan January 10, 2011. (AirPollution ControlBoard; 

### 326 lAC 

### 8-1-3: filedMar 10, 

### 1988, 1:20p.m.: 111R

### 2528; errata, 111R

### 2632; filed Aug 

### 11, 1989, 1:40p.m.: 131R 6)

SECTION 2. 326 lAC 8-4-1 IS AMENDED TO READ AS FOLLOWS:

326 lAC 8-4-1 Applicability Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 Affected: IC 13-15; IC 13-17

Sec. 1. (a) All sections ofthis rule apply to sources ofthe types described in this rule located in the following counties: (1) Clark. (2) Elkhart. (3) Floyd. (4) Hendricks. (5) Lake. (6) Marion. (7) Porter. 

### aREJ (8) St. Joseph. Counties.

(b) Sections 4 through 7 and 9 ofthis rule applyto sources ofthe types described in this rule located in the following counties: (1) Boone. (2) Dearborn. (3) Hamilton. (4) Hancock. (5) Harrison. (6) Johnson. (7) Morgan. 

### aREJ (8) Shelby. Counties.

(e) On and after May 1, 1999, seetion 6(a) through 6(e) and 6(h) ofthis rule applies to sourees ofthe type deseribed in seotion 6 ofthis rule, loeated in Vanderburgh County.



## fEB (c) Sections 2 through 5 and 7 through 9 ofthis rule apply to all new sources ofthe types described in this rule as ofJanuary 1, 1980.

(d) Section 6 6(a) and 6(b) ofthis rule 

### applies applyto any gasoline storage tank installed afterJuly 1, 4989, at a gasoline dispensing facility unless sueh faeility is Ol<eluded under subseetion (f). with a monthly gasoline throughput often thousand (10,000) gallons per month or greater.

(f) Seotion 6 ofthis rule shall not apply to gasoline dispensing faeilities '...,hieh ha'w'e monthly gasoline throughputs of less than ten thousand (10,000) gallons per month and: (1) '...,ere in Oldstenee priorto July 1, 1989; or (2) are loeated atfarms or private residenees.

(e) Section 6(c) ofthis rule applies to gasoline dispensing facilities as described in section 6(c)(1) of this rule and located in: (1) Clark; (2) Floyd; (3) Lake; or

Date: Apr30,2010 2:18:41PM EDT DIN: 20090923-IR-326070353PRA Page 4Indiana Register (4) Porter; county. (AirPollution ControlBoard; 3261AC

### 8-4-1; filedMar 10, 

### 1988, 1;20p.m.: 111R

### 2538; filedAug 

### 11, 1989, 1:40 p.m.: 131R 

### 7; filedApr

### 23, 1999,2:12p.m.: 221R

### 2855; readoptedfiledJan 10, 2001,3:20p.m.: 241R 1477)

SECTION 3. 326 lAC 8-4-6 IS AMENDED TO READ AS FOLLOWS:

326 lAC 8-4-6 Gasoline dispensing facilities Authority: IC 13-14-8; IC 13-17-3-4 Affected: IC 13-12-3-1

Sec. 6. (a) The following definitions apply throughout this section: (1) "Average monthly volume" means the amount of motorfuel dispensed per month from a gasoline dispensing facility based upon a monthly average for a two (2) year period from November 1990 through October 1992, or, ifnot**avail~ble,** the monthly average forthe most recent twelve (12) calendar months. Monthly averages shall include onlythose months when the facility was operating. (2) "CARB" means the California Air Resources Board. (3) "Certified" means any vapor collection and control system that has been tested and approved by CARB as having a vapor recovery and removal efficiency ofat least ninety-five percent (95%) by weight. (4) "Constructed" means fabricated, erected, or installed and refers to anyfacility, emission source, or air pollution control equipment.

. (5) "Dynamic backpressure test" means a test procedure used to determine the pressure drop (flow resistance) through vapor collection and control systems, including:

(A) nozzles; (B) vapor hoses; (C) swivels; (D) dispenser piping; and (E) underground piping; at prescribed flow rates. Test procedures for this test can be found in EPA 450/3-91-022b, "Technical Guidance-Stage" Vapor Recovery Systems for Control ofVehicle Refueling Emissions at Gasoline Dispensing Facilities"*. (6) "Employee" means any person who performs workfor an employerfor compensation. (7) "Facility" means any:

(A) building; (B) structure; (C) installation; (D) operation; or (E) combination located on contiguous properties and undercommon ownership; that provides forthe dispensing of motorvehicle fuel. (8) "Gasoline dispensing facility" means any facility where gasoline is dispensed into motorvehicle fuel tanks

or portable containers from a storage tank with a capacity oftwo thousand one hundred seventy six (2,176) nine hundred forty-six (946) liters (five hundred seventy five (575) (two hundred fifty (250) gallons) or
more. Diesel fuel and kerosene are not considered to be motorvehicle fuels. (9) "Independent small business marketer of gasoline" means a person engaged in the marketing ofgasoline who: (A) is not a refiner; (B) does not control, is not controlled by, or is not undercommon control with a refiner; (C) is not otherwise directly or indirectly affiliated with a refiner or a person who controls, is controlled by, or is under a common control with 

### a refiner (unless the sole affiliation referred to in this subdivision is by

means ofa supply contract or an agreement or contract to use a trademark, trade name, service mark, or other identifying symbol or name owned by such refiner or any suchperson); and (D) receives less than fifty percent (50%) annual income from the marketing of gasoline. (10) "Liquid blockage test" means a test procedure used to detect low points in anyvapor collection and control system where condensate may accumulate. Test procedures can be found in EPA450/3-91-022b, "Technical Guidance-Stage" Vapor Recovery Systems for Control ofVehicle Refueling Emissions at Gasoline Dispensing Facilities"*. (11) "Modification" means any change, removal, or addition, otherthan a certified replacement of any component contained within the vapor collection system and control system.

Date: Apr30,2010 2:18:41PM EDT DIN: 20090923-IR-3260703S3PRA PageSIndiana Register (12) "Motorvehicle" means any self-propelled vehicle powered by an internal combustion engine, including, but not limited to, the following:

(A) Automobiles. (B) Trucks. (C) Motorcycles. (13) "Motorvehicle fuel" means any petroleum distillate having a Reid vapor pressure of more than four (4) pounds per square inch and wAteR that is used to power motorvehicles. Diesel fuel and kerosene are not considered to be motorvehicle fuels. (14) "Owner or operator" means any person who:

(A) owns; (8) leases; (C) operates; (0) manages; (E) supervises; or (F) controls; directly or indirectly, a gasoline dispensing facility. (15) "Pressure decay or leaktest" means a test procedure used to quantifythe vaportightness ofa vapor collection and control system installed at gasoline dispensing facilities. Test procedures can be found in EPA 450/3-91-022b, "Technical Guidance-Stage II VaporRecovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities"*. (16) "Vaporcollection and control systems" means any system certified by CARB 

### wffieI::l that limits the discharge to the atmosphere of motorvehicle fuel vapor displaced during the dispensing of motorvehicle fuel into motorvehicle fuel tanks.

(b) Stage I vapor recovery system requirements at gasoline dispensing facilities are as follows: (1) No owner oroperatorof a gasoline dispensing facility shall allowthe transfer ofgasoline between any transport and any storage tank unless wOOthe tank is equipped with the following:



## fB (A) A submerged fill pipe that extends to not more than:

(i) twelve (12) inches from the bottom ofthe storage tank ifthe fill pipe was installed on or before November9, 2006; or (ii) six (6) inches from the bottom ofthe storage tank ifthe fill pipe was installed after November9, 2006. (8) Eithera pressure reliefvalve setto release at 00 not less than seven-tenths (0.7) pounds persquare inch or an orifice offive-tenths (0.5) inch in diameter. (C) A vapor balance system connected between the tank and the transport operating according to manufacturer's specifications. 

## fat (2) Ifthe owneror employees ofthe owner ofa gasoline dispensing facility are not present during loading, it shall be the responsibility ofthe ownerorthe operatorofthe transport to make certain the vapor balance system is: (A) connected between the transport and the storage tank; and 

### is (8) operating according to manufacturer's specifications.

(c) Stage II vapor recovery system requirements at gasoline dispensing facilities are as follows: 

## feI1 (1) The provisions of subsection (e) subdivision (2) shall applyto any gasoline dispensing facility located in Clark, Floyd, Lake, or Porter County except ifthe gasoline dispensing facility:



## fB (A) dispenses an average monthlyvolume of less than ten thousand (10,000) gallons of gasoline per month; or (8) is an independent small business marketerofgasoline who dispenses an average monthly volume of less than fifty thousand (50,000) gallons ofgasoline per month. {at (2) No owner oroperator of a gasoline dispensing facility shall cause or allow the dispensing of motor vehicle fuel at anytime unless all motorvehicle fuel dispensing operations are equipped with and utilize a certified vapor collection and control system 

### wffieI::l that is properly installed and operated as follows:



## fB (A) No vapor collection and control system shall be installed, used, or maintained unless the system:

(i) has been certified by CARB; and (ii) meets the testing requirements specified in subsection (1<)(6). subdivision (7)(F).

(8) Anyvapor collection and control system utilized shall be maintained in accordance to its certified configuration and with the manufacturer's specification and maintenance schedule. (C) No elements or components ofa vapor collection and control system shall be: (i) modified; (ii) removed;

Date: Apr 30,20102:18:41 PM EDT DIN: 20090923-IR-326070353PRA Page 6Indiana Register (iii) replaced; or (iv) otherwise rendered inoperative; in a manner

### wffieA that prevents the system from performing in accordance with its certification and design specifications. 

### (4) (D) A vapor collection and control system shall not be operated with defective, malfunctioning, missing,

or noncertified components. The following requirements applyto a vapor collection and control system: 

## W (i) All parts ofthe system 

### wffieA that can be visually inspected must be checked daily bythe operatorof the facility for the following malfunctions:



### {ij (AA) Absence ordisconnection ofany component required to be used to certifythe system. 

## W(BB) A vapor hose 

### wffi€Rthat is crimped orflattened such that the vapor passage is blocked or severely restricted. 

## fiH1 (CC) A nozzle boot

### wffi€Rthat is torn in eitherofthe following manners:

fAA) (aa) A triangular shaped or similartear one-half (1/2) inch or more to a side or a hole one-half (1/2) inch or more in diameteror length. 

### fBBj (bb) Slit one (1) inch or more in length. 

## fi¥t (DO) A faceplate orflexible cone 

### wffieA that is damaged in the following manner:



## fAA1 (aa) For balance nozzles and nozzles for aspiratorand educatorassisttype systems, damage shall be such that the capabilityto achieve a seal with a fill pipe interface is affected for one-fourth (1/4) ofthe circumference ofthe faceplate (accumulated). 

## fBBt (bb) For nozzles forvacuum assisttype systems that use a flexible cone, having more than one-fourth (1/4) ofthe flexible cone missing. 

## M (EE) A nozzle shutoff mechanism wRieR that malfunctions in any manner. 

### (vt1 (FF) A vacuum producing device 

### wffieA that is inoperative. 

## fB1 (ii) Any defect in the system 

### wffieA that is discovered in clause (A) item (i) will require the immediate shutdown ofthe affected pumps until proper repairs are made. 

### fGj (iii) A signed daily log ofthe daily inspection in clause (A) item (i) shall be maintained atthe facility. 

### (9t (iv) One (1) operatoror employee ofthe gasoline dispensing facility shall be trained and instructed annually in the proper operation and maintenance ofa vapor collection and control system. 

## fE1 (v) Instructions shall:

(AA) be posted in a conspicuous and visible place within the motorvehicle fuel dispensing area for the -system in use atthat station; The instructions shall (BB) clearly describe howto fuel vehicles correctly with the vapor recovery nozzles utilized atthat station; The instructions shall also and (CC) include a warning that repeated attempts to continue dispensing motorvehicle fuel afterthe system has indicated that the vehicle fuel tank is full may result in a spillage offuel. (.ft (3) Facilities subjectto the requirements of subsection (e) subdivision (2) shall demonstrate compliance according to the following schedule:



## f47 (A) Six (6) months after promulgation in the case ofgasoline dispensing facilities for which construction commenced afterthe date ofenactment ofthe Clean AirAct Amendments of 1990 (November 15, 1990). 

## f21 (B) One (1) year after promulgation in the case ofgasoline dispensing facilities 

### wffieA that dispense at least one hundred thousand (100,000) gallons ofgasoline per month, based on average monthly sales for the two (2) year period priorto November 15, 1992. (C) Two (2) years after promulgation in the case of all other gasoline dispensing facilities. 

### (4) (D) Any gasoline dispensing facility described in both subdivisions (1) and (2) clauses (A) and (B) shall meetthe requirements ofsubdivision (1 ). clause (A). (E) Newfacilities constructed afterthe promulgation ofthis rule shall comply with the requirements of subsection (e) subdivision (2) upon startup ofthe facility. 

## f61 (F) Existing facilities previously exempted from, but

### wffi€Rthat become subject to, the requirements of subsection 

### (e) subdivision (2) shall comply with the requirements of subsection 

### (e) subdivision (2) within

one (1) year from the date the facility became subject. 

## tiH (4) Any gasoline dispensing facility that becomes subject to the provisions of subsection 

### (e) subdivision (2) at any time shall remain subject to the provisions ofsubsection (e) subdivision (2) at all times.

(h) Upon request by the agency, the ovmer or operator of a gasoline dispensing faoility '

....hioh claiFfls to be o)(oFflpt frOFfl tho requireFflonts ofthis seotion shall subFflit records to the agency within thirty (30) calendar days frOFfl the date ofthe request which deFflonstrates that the gasoline dispensing facility is in fact oxeFflpt. 

### {ij (5) Any gasoline dispensing facility subjectto subsection (e) subdivision (2) shall retain copies of all records and reports adequate to clearly demonstrate the following:



## f47 (A) That a certified vapor collection and control system has been installed and tested to verify its performance according to its specifications.

Date: Apr 30,20102:18:41 PM EDT DIN: 20090923-IR-3260?0353PRA Page?Indiana Register (8) That proper maintenance has been conducted in accordance with the manufacturer's specifications and requirements. (C) The time period and duration of all malfunctions ofthe vapor collection and control system. 

## t41 (0) The motorvehicle fuel throughput ofthe facility for each calendar month ofthe previous year. f§j (E) That operators and employees are trained and instructed in the proper operation and maintenance of the vapor collection and control system. 

## tH (6) All records and reports required in subseetion (i) subdivision (5) shall be made available to the ageney department upon request. All records shall be retained for a period oftwo (2) years. 

## W (7) Within forty-five (45) days afterthe installation ofa vapor collection and control system, the owner or operator ofthe gasoline dispensing facility shall submit to the ageney department a registration form, which shall be provided by the department ofenvironmental management, office ofair management, 'Nhieh quality, that provides, at a minimum, the following:



## f17 (A) The name, address, and telephone numberofthe facility. (8) The signature ofthe owner or operator. 

### fdj (C) The CARB executive order numberforthe vapor collection and control system to be utilized. 

## t41 (0) The number of nozzles, excluding diesel and kerosene, used for motorvehicle refueling. f§j (E) The monthly average volume of motorvehicle fuel dispensed.

, (F) The date ofcompletion of installation ofthe vapor collection and control system. Completion of

installation includes the successful passing ofa vapor leakage and blockage test. A vapor leakage and blockage test must, at a minimum, include the following: 

## W (i) A pressure decay or leak test. 

## fBt (ii) A dynamic pressure drop test. (iii) A liquid blockage test. The results ofthese tests must be submitted with the registration form specified in this subseetion. subdivision. 

## W(8) All vapor collection and control systems shall be retested for vapor leakage and blockage, and successfully pass the test, at least every five (5) years or upon major system replacement or modification. A major system modification is considered to be replacing, repairing, or upgrading seventy-five percent (75%) or
more of a vapor collection and control system ofa facility.

(d) Upon request by the department, the owner or operator ofa gasoline dispensing facility that claims to be exempt from the requirements ofthis section shall submit records to the agency within thirty (30) calendar days from the date ofthe request that demonstrate that the gasoline dispensing facility is in fact exempt.

*This document is incorporated by reference. Copies are available for review and copying at the Indiana Department of Environmental Management, Office ofAir Quality, Legal Counsel, Indiana Government Center North, +effiRThirteenth Floor, 

### 100 North Senate Avenue, Indianapolis, Indiana 

### 46204. (AirPollution ControlBoard; 

### 326 lAC 

### 8-4-6; filedMar 10, 

### 1988, 1:20p.m.: 111R2540; filedAug 

### 11, 1989, 1:40 p.m.: 131R

### 8; filedNov30, 1990,4:20p.m.: 141R 605; filed Oct

### 28, 1993,5:00p.rn.: 171R332;filedSep 18, 1995,3:00p.m.: 

### 19 IR203; errata filedDec 

### 11, 1995,3:00p.m.: 191R

### 674; filedJul30, 

### 1996, 2:00p.m.: 

### 19 IR 3349; errata filedFeb 

### 18, 1997,4:00p.m.: 20/R 

### 1738; readoptedfiledJan 10, 2001, 3:20p.m.: 24/R 

### 1477; filed Aug

### 26, 2004, 11:30a.m.: 

### 28 /R 47)

Notice of Public Hearing

Posted: 0912312009 byLegis/ative ServicesAgency An html version ofthis document.

Date: Apr 30,2010 2: 18:41 PM EDT DIN: 20090923-IR-326070353PRA Page 8

## ADMINISTRATIVE CHECKLIST (40 CFR51, Appendix V)



## 1. The submittal is accompaniedbyafonnalletterofsubmittal Enclosed from the governororhis designee.

2. Evidencethatthe Statehas adoptedtheplaninthe Statecode SignaturePage

orbodyofregulations; orissuedthepennit, order, consent agreement ("document"); infinal fonn.

a. Dateofadoptionorfinal issuance: November4, 2009

b. The effectivedate oftheplan, ifdifferent May 15, 2010 from the adoption/issuance date.

3. Evidencethatthe Statehas thenecessarylegal authority IC 13-14-8 understatelawto adopt andimplementtheplan.

4. A copyofthe actual regulation ordocument submittedfor Finalrule as printedinIR approval andincorporationbyreferenceinto theplan, includingthe following:

a. Indicationofthe changes madeto the existing approvedplan, where applicable.

b. The submittal shallbe a copyofthe official State regulationordocument signed, stamped, datedby the appropriate stateofficial indicatingthatitis fully enforceablebythe State. Effective date shallbe stated inthe documentitself



## 5. Evidencethatthe State followed all oftheprocedural requirements ofthe State's laws and constitutionin conducting and completingthe adoption/issuanceoftheplan. SignaturePage

6. Evidencethatpublic notice was given, includingdateof proofofpublication. _X_NoticeofFirstPublic Hearing andPublishers' Affidavits _X_Notice ofSecondPublicHearing andPublishers' Affidavits

7. Certificationthatpublichearings wereheld in accordance withinfonnationprovidedinpublichearingnotice. _X_Transcriptfrom FirstPublic Hearing _X_Transcriptfrom SecondPublic Hearing

8. Compilationofpublic comments and State's response.

### X Second Notice

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### _X_ Proposed Rule

9. Technical SupportDocument

## (ifsource specificchange). 

### N/A